CRIMINAL DEFENDANTS who seek to introduce expert testimony to cast doubt on an eyewitness’ identification will have to show how the testimony will add information that is both beyond the knowledge of the typical juror and not already covered by standard jury instructions, a Bronx judge has ruled.
New York’s Court of Appeals last year opened the door for more extensive use of experts to help a jury determine the accuracy of a single witness’ identification of an alleged perpetrator. The Court held that admission of an expert’s testimony should be allowed at the discretion of the trial court in People v. Lee, 96 NY2d 157.
